Cases

The Security Council, by its Resolution 1966 (2010), established the Mechanism to carry out a number of essential functions of the International Criminal Tribunal for Rwanda and the International Tribunal for the former Yugoslavia. In accordance with its mandate, the Mechanism has assumed responsibility for, inter alia, the enforcement of sentences, administrative review, assignment of cases, review proceedings, appeal proceedings, contempt, requests for revocation of the referral of cases to national jurisdictions, the variation of witness protection measures, access to materials, disclosure, changes in classification of documents and requests for compensation and assignment of counsel. The Selected Ongoing Cases are only a few of the pending judicial proceedings, related to the above-mentioned essential functions, currently before the Mechanism. For information about all proceedings before the Mechanism, see All Mechanism Proceedings.

Selected Ongoing Cases

Jovica Stanišić was the Head of the State Security Service (“DB”) of the Ministry of Internal Affairs of the Republic of Serbia (“MUP”).

Franko Simatović was employed in the Second administration of the DB of the MUP.

Both accused were acquitted of all charges by an ICTY Trial chamber on 30 May 2013.

On 15 December 2015, the ICTY Appeals Chamber ordered that Stanišić and Simatović be retried on all counts of the indictment.

Recent developments: The trial commenced before the Mechanism on 13 June 2017. The Prosecution case was closed on 21 February 2019. A total of 51 witnesses were heard in court for the Prosecution. On 9 April 2019, the Trial Chamber issued an oral decision pursuant to Rule 121 of the Mechanism’s Rules of Procedure and Evidence and dismissed the motion for acquittal filed by the Defence team for Franko Simatović. The Defence case commenced on 18 June 2019 with the presentation of an opening statement by the Defence team for Jovica Stanišić.

On 12 May 1992, Ratko Mladić was appointed Commander of the Main Staff of the army of the Serbian Republic of Bosnia and Herzegovina (“VRS”). He remained in command of the VRS Main Staff until at least 8 November 1996.

Sentenced by an ICTY Trial Chamber to life imprisonment on 22 November 2017.

On 18 December 2017, Ratko Mladić filed a motion seeking an extension of time to file his notice of appeal against the ICTY Trial Judgment.

On 19 December 2017, the President of the Mechanism assigned a bench of five judges to this case before the Appeals Chamber. On 21 December 2017, the pre-appeal judge partly granted the motion for an extension of time and ordered that any notices of appeal in this case be filed within 120 days of the issuance of the ICTY Trial Judgement. On 22 March 2018 both parties filed their notices of appeal. Following a further extension of time granted on 22 May 2018 for the filing of the appellant’s and respondent’s briefs, the parties filed confidentially their respective appellant’s briefs on 6 August 2018. On 7 August 2018 and 11 September 2018, respectively, the Prosecution and Mladić filed the public redacted versions of their appellants’ briefs.

On 18 June 2018, Mladić requested the disqualification of Judges Meron, Agius, and Liu from the appeals bench in this case on the basis of actual or apparent bias. On 20 June 2018, the President of the Mechanism referred the matter to Judge Jean-Claude Antonetti. On 3 September 2018, Judge Antonetti upheld Mladić’s requests and, on 4 September 2018, assigned Judges Mparany Mamy Richard Rajohnson, Gberdao Gustave Kam, and Elizabeth Ibanda-Nahamya to replace Judges Meron, Agius, and Liu on the appeals bench in this case. On 12 September 2018, Judge Rajohnson requested to withdraw from the bench in this case and, 16 September 2018, he was replaced with Judge Aminatta Lois Runeni N’gum.

Recent developments:

On 12 September 2018, after Judge Nyambe’s election as the Presiding Judge in this case, she was designated as the Pre-Appeal Judge. On 14 November 2018, both parties filed their respective response briefs and on 29 November 2018, their respective reply briefs.

In July 1990, Ngirabatware was appointed Minister of Planning, a position he retained as part of the Interim Rwandan Government in April 1994. He was also a member of the Préfecture Committee of the National Republican Movement for Democracy and Development (“MRND”) political party in Gisenyi Préfecture, the National Committee of the MRND, and the technical committee of Nyamyumba Commune.

On 20 December 2012, Trial Chamber II of the ICTR convicted Augustin Ngirabatware of committing direct and public incitement to commit genocide based on his speech at a roadblock on the Cyanika-Gisa road in Nyamyumba Commune.

It also found him guilty of instigating and aiding and abetting genocide based on his role in distributing weapons and his statements at two roadblocks in Nyamyumba Commune on 7 April 1994. Ngirabatware was also convicted, under the extended form of JCE, of rape as a crime against humanity based on the rape of a Tutsi woman by members of the Interahamwe.

The Trial Chamber sentenced Ngirabatware to 35 years of imprisonment.

Augustin Ngirabatware filed an appeal before the Mechanism challenging his convictions and sentence.

On 18 December 2014, the Appeals Chamber of the Mechanism unanimously affirmed Ngirabatware’s conviction for direct and public incitement to commit genocide.

A majority of the Appeals Chamber also affirmed his conviction for instigating and aiding and abetting genocide. However, the Appeals Chamber found that the ICTR Trial Chamber erred in expanding the charges regarding Ngirabatware’s contribution to a JCE to exterminate the Tutsis. The Appeals Chamber found that, since the Prosecution failed to prove at trial Ngirabatware’s contribution to the common purpose of exterminating the Tutsi civilian population pleaded under the count of extermination, Ngirabatware’s conviction for rape pursuant to the extended form of JCE could not be sustained. As a consequence, the Appeals Chamber unanimously reversed Ngirabatware’s conviction for rape as a crime against humanity under the extended form of JCE.

In light of this reversal, the Appeals Chamber reduced Ngirabatware’s sentence to a term of 30 years of imprisonment.

Recent developments:

On 23 July 2018, Judge Meron, as the President of the Mechanism, assigned Judge Lee G. Muthoga to replace Judge Akay on the Appeals Bench, following the UN Secretary-General’s decision not to renew the appointment of Judge Akay on the Mechanism’s roster of Judges.

A review hearing, scheduled to take place between 24 September and 28 September 2018 was adjourned, following Ngirabatware’s request for additional time to review the voluminous material disclosed by the Prosecution in the Turinabo et al. contempt case, taking into consideration its direct relevance to the review proceedings.

The review hearing is scheduled to take place in September 2019, whereas the modalities of the review hearing, including a detailed timetable and witness schedule, will be determined in due course.

On 24 August 2018, Judge Seon Ki Park confirmed an Indictment dated 5 June 2018 submitted by the Prosecutor, Serge Brammertz, for contempt of court and incitement to commit contempt for Maximilien Turinabo, Anselme Nzabonimpa, Jean de Dieu Ndagijimana, Marie Rose Fatuma, and Dick Prudence Munyeshuli, pursuant to Articles 1(4)(a), 14(1) and 16(4) of the Mechanism’s Statute (Statute) and Rule 90 of the Mechanism’s Rules of Procedure and Evidence (Rules).

MAXIMILIEN TURINABO

Turinabo was, at different stages during the Ngirabatware case before the ICTR (Case No. ICTR-99-54), a Defence contact person in the Gisenyi area.

JEAN DE DIEU NDAGIJIMANA

Ndagijimana was a teacher and school administrator in the Gisenyi area before mid-1994, including at Kiloji and Bwitereke schools.

DICK PRUDENCE MUNYESHULI

Munyeshuli served as a defence investigator on a number of cases before the ICTR and the Mechanism. From approximately August 2015 until January 2018, he was an investigator on the defence team of Augustin Ngirabatware.

ANSELME NZABONIMPA

Nzabonimpa was the bourgemestre of Kayove Commune, Gisenyi Prefecture, Rwanda, before mid-1994.

MARIE ROSE FATUMA

Fatuma is the widow of Augustin Ngirabatware’s half-brother Édouard Byukusenge, also known as “Cenge”.